TITLE VII:
JURIDICAL ACTS (Cann. 124 - 128)
Can.
124 §1 For the validity of a juridical act, it is required that it be performed
by a person who is legally capable, and it must contain those elements which
constitute the essence of the act, as well as the formalities and requirements
which the law prescribes for the validity of the act.
§2 A
juridical act which, as far as its external elements are concerned, is properly
performed, is presumed to be valid.
Can.
125 §1 An act is invalid if performed as a result of force imposed from outside
on a person who was quite unable to resist it.
§2 An act
performed as a result of fear which is grave and unjustly inflicted, or as a
result of deceit, is valid, unless the law provides otherwise. However, it can
be rescinded by a court judgement, either at the instance of the injured party
or that party's successors in law, or ex officio.
Can.
126 An act is invalid when performed as a result of ignorance or of error which
concerns the substance of the act, or which amounts to a condition sine qua
non; otherwise it is valid, unless the law provides differently. But an act
done as a result of ignorance or error can give rise to a rescinding action in
accordance with the law.
Can.
127 §1 When the law prescribes that, in order to perform a juridical act, a
Superior requires the consent or the advice of some college or group of
persons, the college or group must be convened in accordance with can. 166,
unless, if there is question of seeking advice only, particular or proper law
provides otherwise. For the validity of the act, it is required that the
consent be obtained of an absolute majority of those present, or that the
advice of all be sought.
§2 When the
law prescribes that, in order to perform a juridical act, a Superior requires
the consent or advice of certain persons as individuals:
1° if
consent is required, the Superior's act is invalid if the Superior does not
seek the consent of those persons, or acts against the vote of all or of any of
them;
2° if
advice is required, the Superior's act is invalid if the Superior does not hear
those persons. The Superior is not in any way bound to accept their vote, even
if it is unanimous; nevertheless, without what is, in his or her judgement, an
overriding reason, the Superior is not to act against their vote, especially if
it is a unanimous one.
§3 All
whose consent or advice is required are obliged to give their opinions
sincerely. If the seriousness of the matter requires it, they are obliged
carefully to maintain secrecy, and the Superior can insist on this obligation.
Can.
128 Whoever unlawfully causes harm to another by a juridical act, or indeed by
any other act which is deceitful or culpable, is obliged to repair the damage
done.
|